In a marriage settlement agreement, are our own individual credit cards considered joint debt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
In a marriage settlement agreement, are our own individual credit cards considered joint debt?
Do they have to be listed?
Asked on October 19, 2011 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Texas is a community property state, and to a great extent, is also a community debt state. Just because your husband's name is not on your paycheck, doesn't devoid him of an interest in the paycheck. Similarly, even if his name is not on your credit card, it doesn't void his liability.... because anything you purchased became part of the community estate, and he was a beneficiary of that estate, you are both liable on the debt. If you are getting a divorce, you do need to list who is going to pay for what. Most divorce decrees will identify the debt and the last four digits of the account (Ex: x2222), so there will be no confusion about who owes what. This will not keep one of his collectors from coming after you, but it will outline responsibilities. If he does not meet his obligations and the credit card companies eventually go after you, you will at least have an enforcement action available to pursue against him.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.